Construction, Forestry, Maritime, Mining and Energy Union

[2019] FWCA 5849

[2019] FWCA 5849

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/2765)

DELTA PTY LTD AND CFMEU CIVIL CONSTRUCTION UNION COLLECTIVE AGREEMENT 2018 - 2021

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	SYDNEY, 22 AUGUST 2019

Application for approval of the Delta Pty Ltd and CFMEU Civil Construction Union Collective Agreement 2018 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the Delta Pty Ltd and CFMEU Civil Construction Union Collective Agreement 2018 - 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Construction, Forestry, Maritime, Mining and Energy Union. The agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Construction, Forestry, Maritime, Mining and Energy Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 22 August 2019 and, in accordance with s.54, will operate from 29 August 2019. The nominal expiry date of the Agreement is 2 July 2021.

DEPUTY PRESIDENT

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Annexure A